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Lucy Letby
by diggingdeeper - 16th Dec 2024 6:16pm
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Joined: Mar 2013
Posts: 194
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The driver is always responsible under POFA 2012 however if the keeper does not reveal who the driver was at the time then they can be held liable. That is law, however it is a civil matter. Parking eye do take some cases to court but if you appeal then go through POPLA using the correct terminology it will be accepted. I have had several (10 or so) done this way, several for posters on this site.. Get it killed off rather than have it drag on and hang over you.
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Joined: Nov 2003
Posts: 21,269 Likes: 4
Wiki Master
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Wiki Master
Joined: Nov 2003
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You Must be logged in to see the images** Please Note these Signs can change or be moved ** These are the signs seen today, At the Prenton Aldi, Home and Bargain Car Park. Parking Eye is Running the Private Parking March 26th 2015 These are the Signs that are visible today. Google Maps View. Approach to the car park. As you Turn in to the Car park (Yes easy to see if your standing still). Close up In the car park I could only see 2 Signs on posts. These i noticed are facing away from the Stores. Outside Aldi's Entrance Outside Home and Bargin Close up of the Sign Close up of the Terms : See Closer Click Me The ANPR Camera's on the Sign post in the middle of the car park. (See above). Strange how the Terms and Conditions on the Yellow Sign is a Sticker, that could come off.
Last edited by Mark; 27th Mar 2015 8:54am.
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Joined: Mar 2013
Posts: 194
Enthusiast
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Well done Mark for taking the time to get those pictures. Adds extra points on the appeal. Entrance signage is inadequate.
Reminded me that i have actually defeated these shysters on behalf of my Aunt at this very location.
If the original poster wants to PM me i will happily advise directly but all the info is on pepipoo or parking prankster (who is humorous as well).
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Joined: Jan 2014
Posts: 659
Smartchild
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Smartchild
Joined: Jan 2014
Posts: 659 |
As much as I despise people being charged excessively for parking I can't agree that entrance signage is inadequate as they appear in the photos as pretty adequate to me. I know I may be missing the point but they can be seen.
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Ive just added a new image to my post above. Ive included now Street View Approach to the car park.
If you enter the car park in street view you can see the old signs which were even worse at the entrance. Pre ANPR.
Highway Code signs have red triangles for warnings why do these car parks not include an eye catching red sign with £70 fine in big letters. A drivers brain reads warnings, blue signs are information.
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Joined: Jan 2014
Posts: 659
Smartchild
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Smartchild
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You make a good point over signage colour. Our brains become trained to our environment. Legislation covers road sign design including colour and font size but it doesn't cover 'off road' or private signs. To cover themselves, most companies only need to erect a single advisory notice. It is open to abuse.
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Joined: Mar 2013
Posts: 194
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GeeMeister, Afraid you are wrong with regards to the private companies only needing to erect a single sign and about the design, colours and fonts. There are strict conditions in the BPA code of practice with regards to all of the above and other criteria in respect of signage. Having inadequate signage means that a contract has not been formed with the driver so conditions can not be enforced. Plenty of case history of cases being dismissed due to inadequate signage.
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Smartchild
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Smartchild
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Thanks for that Blueskier, I happily accept i'm wrong, its so easy to become out of date with such information.
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Joined: Jul 2008
Posts: 14,444 Likes: 25
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There is a third sign on the building at the park end as well, so five signs with terms and conditions plus the entrance sign, I'd say in this case they have it pretty much covered.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Joined: Jul 2012
Posts: 329
Old Hand
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Old Hand
Joined: Jul 2012
Posts: 329 |
I would have thought that ALDI would have wanted to attract customers rather than discourage them by employing car park control. We shop at Tesco Bidston and a few times have forgotten to buy an item. I have returned within four hours to buy it or them so as to finish the shopping. If they had this kind of control on their car park, I would certainly think about changing where I shopped.
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Joined: Sep 2011
Posts: 760
Veteran
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Veteran
Joined: Sep 2011
Posts: 760 |
I wonder if they got planning permission to erect those signs?
Does the small print pass muster for people with close vision problems?
Is the sticker just hiding the original text that had to be re-worded for legal reasons?
Just a thought.
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Joined: Jul 2008
Posts: 14,444 Likes: 25
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Most non-illuminated signs below a certain size and height with text below a certain size etc etc are exempt from planning permission.
There is a minimum vision criteria for drivers additionally the signs probably meet the guidelines which are indirectly compulsory, Parking eye are daft, they know the rules.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Parking eye are daft, they know the rules. Glad we agree on something. Leaving the signage aside, lets explore the not a genuine pre-estimate of loss argument? Golden bullet at POPLA. In a civil case the LANDOWNER can claim damages for any loss suffered in cases of trespass or or breach of contract (as is suggested here) flowing directly from the breach. For an idea of how PE operate look here. http://parking-prankster.blogspot.co.uk/2015/03/government-announces-clamp-down-on.html#comment-formWhat are the genuine loss for overstaying in a free car park? Usually £100 according to PE. Really?
Last edited by Blueskier; 29th Mar 2015 12:56pm. Reason: Additional information.
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Loss is assessed for things outside contract, if you have a contract with an agreed price then loss (or amount of profit) doesn't come into it.
You cannot agree a price with someone then renegue on it after the service/item has been provided, that is theft.
We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn https://ddue.uk
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Joined: Mar 2013
Posts: 194
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Really? Google Dunlop v New Tyre Co. I dont mean to be condescending but your approach on this matter would lead me to believe you may well have a vested interest in such matters. You seem to quote the same arguments as the PCC's.
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Lucy Letby
by diggingdeeper - 16th Dec 2024 6:16pm
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Posts: 2,357
Joined: April 2009
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Lucy Letby
by diggingdeeper - 16th Dec 2024 6:16pm
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